IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT IN AND FOR PASCO AND PINELLAS COUNTIES, FLORIDA ADMINISTRATIVE ORDER NO. 2019-004 PA/PI-CIR RE: MORTGAGE FORECLOSURE PROCEDURES UPDATE – JANUARY 2019 Effective June 23, 2018, the Protecting Tenants at Foreclosure Act of 2009 (“the Act”) was restored, revising sections 701-703 of the Act as they were on December 30, 2014. This Administrative Order provides procedures and forms to re-implement the statutory protections and a process to submit an application for a writ of possession to the judge under the Act. All parties and counsel are hereby noticed of the restoration of the Act, and the requirements in this Order. Accordingly, to update the Court’s mortgage foreclosure procedures pursuant to the authority of the Chief Judge in Article V, section 2(d), Florida Constitution, Rule of Judicial Administration 2.215, and section 43.26, Florida Statutes, it is ORDERED: I. INITIATION OF RESIDENTIAL MORTGAGE FORECLOSURE CASES 1. For each residential mortgage foreclosure case, the Plaintiff/Lender’s attorney must: a. File a verified complaint in accordance with Florida Rules of Civil Procedure 1.110(b) and 1.115, and section 702.015, Fla. Stat. In cases where the original note will be used, a copy must be filed. Because of electronic filing, the Court prefers that the original note be retained for submission at the summary judgment hearing or trial. b. File with the complaint a Form A – Plaintiff/Lender’s Contact Information. If the case involves multiple plaintiffs, only one Form A – Plaintiff/Lender’s Contact Information must be filed. The Form A – Plaintiff/Lender’s Contact Information that must be used is Attachment A to this Administrative Order. c. File with the complaint a Form B – Important Notice to Homeowner, which provides notice to the homeowner of mediation alternatives and other resources. Form B – Important Notice to Homeowner, is Attachment B to this Administrative Order. Previous versions of Form B or the Important Notice to Homeowner must not be used. 2. The Clerk shall not issue a summons in a residential mortgage foreclosure case until a Plaintiff/Lender files a verified complaint, a Form A – Plaintiff/Lender’s Contact Information, which is Attachment A to this Administrative Order, and a Form B – Important Notice to Homeowner, which is Attachment B to this Administrative Order. 3. For every residential mortgage foreclosure case filed, the process server must note on the return of service that the summons was served with the complaint, Form A – Plaintiff/Lender’s Contact Information, which is Attachment A to this Administrative Order, and a Form B – Important Notice to Homeowner, which is Attachment B to this Administrative Order.
2019-004 MORTGAGE FORECLOSURE PROCEDURES UPDATE – JANUARY 2019IN
THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT IN AND FOR PASCO AND
PINELLAS COUNTIES, FLORIDA
ADMINISTRATIVE ORDER NO. 2019-004 PA/PI-CIR
RE: MORTGAGE FORECLOSURE PROCEDURES UPDATE – JANUARY 2019
Effective June 23, 2018, the Protecting Tenants at Foreclosure Act
of 2009 (“the Act”) was restored, revising sections 701-703 of the
Act as they were on December 30, 2014.
This Administrative Order provides procedures and forms to
re-implement the statutory protections and a process to submit an a
pplication for a writ of possession to the judge under the Act. All
parties and counsel are hereby noticed of the restoration of the
Act, and the requirements in this Order.
Accordingly, to update the Court’s mortgage foreclosure procedures
pursuant to the authority of the Chief Judge in Article V, section
2(d), Florida Constitution, Rule of Judicial Administration 2.215,
and section 43.26, Florida Statutes, it is
ORDERED:
I. INITIATION OF RESIDENTIAL MORTGAGE FORECLOSURE CASES 1. For each
residential mortgage foreclosure case, the Plaintiff/Lender’s
attorney must:
a. File a verified complaint in accordance with Florida Rules of
Civil Procedure 1.110(b) and 1.115, and section 702.015, Fla. Stat.
In cases where the original note will be used, a copy must be
filed. Because of electronic filing, the Court prefers that the
original note be retained for submission at the summary judgment
hearing or trial.
b. File with the complaint a Form A – Plaintiff/Lender’s Contact
Information. If the case involves multiple plaintiffs, only one
Form A – Plaintiff/Lender’s Contact Information must be filed. The
Form A – Plaintiff/Lender’s Contact Information that must be used
is Attachment A to this Administrative Order.
c. File with the complaint a Form B – Important Notice to
Homeowner, which provides notice to the homeowner of mediation
alternatives and other resources. Form B – Important Notice to
Homeowner, is Attachment B to this Administrative Order. Previous
versions of Form B or the Important Notice to Homeowner must not be
used.
2. The Clerk shall not issue a summons in a residential mortgage
foreclosure case until a Plaintiff/Lender files a verified
complaint, a Form A – Plaintiff/Lender’s Contact Information, which
is Attachment A to this Administrative Order, and a Form B –
Important Notice to Homeowner, which is Attachment B to this
Administrative Order.
3. For every residential mortgage foreclosure case filed, the
process server must note on the return of service that the summons
was served with the complaint, Form A – Plaintiff/Lender’s Contact
Information, which is Attachment A to this Administrative Order,
and a Form B – Important Notice to Homeowner, which is Attachment B
to this Administrative Order.
II. PROCEDURES APPLICABLE TO ALL MORTGAGE FORECLOSURE CASES
A. Motions for Order to Show Cause for Entry of Final Judgment of
Foreclosure pursuant to section 702.10, Florida Statutes
1. Florida Rule of Civil Procedure Form 1.944(c) Motion
When a verified complaint in accordance with section 702.015, Fla.
Stat., has been filed, section 702.10, Fla. Stat., provides a
summary procedure for lienholders to obtain a final judgment of
foreclosure. If a lienholder determines that a section 702.10
motion is appropriate, it may file a section 702.10 motion for an
order to show cause for entry of final judgment in the format set
forth in Florida Rule of Civil Procedure Form 1.944(c). See In re
Amendments to Florida Rules of Civil Procedure, 153 So. 3d 258,
265-66 (Fla. 2014); Ch. 2013- 137, section 8, Laws of Fla.
2. Florida Rule of Civil Procedure Form 1.944(d) proposed Order To
Show Cause
When filing a section 702.10 motion, the lienholder shall supply
the court with a proposed order to show cause for all defendants in
the format set forth in Florida Rule of Civil Procedure Form
1.944(d). As required by section 702.10(1)(a)(8), Fla. Stat.,
attached to the proposed order shall be a proposed updated Form D –
Uniform Final Judgment of Foreclosure, which is Attachment D to
this Administrative Order. See section 702.10(1)(a), Fla. Stat.; In
re Amendments to Florida Rules of Civil Procedure, 153 So. 3d at
266-67.
3. At the time of filing the section 702.10 motion for an order to
show cause, the lienholder is not required to file a Form C –
Certificate of Compliance with Foreclosure Procedures with the
Clerk, which is Attachment C to this Administrative Order.
B. Summary Judgment Hearings
1. Certificate Filed Prior to Requesting Summary Judgment Hearing
Date
Prior to requesting a summary judgment hearing f or a mortgage
foreclosure, the attorney of record for the Plaintiff must file an
updated Form C – Certificate of Compliance with Foreclosure
Procedures, which is Attachment C to this Administrative Order,
with the Clerk. This certifies that the attorney has completed the
necessary steps prior to setting the matter for hearing. Only the
Form C – Certificate of Compliance with Foreclosure Procedures
attached to this Administrative Order may be used. Previous
versions of Form C or the Certificate of Compliance must not be
used.
2. Foreclosure Judgment Packet Prior to Hearing
In residential and commercial foreclosure cases, unless the
presiding judge provides otherwise, the Plaintiff’s attorney must
deliver a foreclosure judgment package to the presiding judge’s
office at least five business days prior to the scheduled hearing
on a motion for summary judgment. In both residential and
commercial foreclosure cases, the Plaintiff’s attorney must serve
the Defendant’s attorney, or if the Defendant is not represented
then serve the Defendant, a copy of the foreclosure judgment packet
at least five business days prior to a scheduled hearing on a
motion for summary judgment. The
2
packet must include:
a. the proposed updated Form D – Uniform Final Judgment of
Foreclosure, which is Attachment D to this Administrative Order
(the packet filed with the Court shall include sufficient copies
for conforming and stamped, addressed envelopes for all
parties);
b. a copy of the Promissory Note (original should be retained for
submission at the summary judgment hearing or trial);
c. an affidavit of non-payment with a copy of the payment records
upon which the affiant relies;
d. a copy of the Form C – Certificate of Compliance with
Foreclosure Procedures, which is Attachment C to this
Administrative Order; and
e. a copy of the Notice of Hearing.
Statutory fees must be submitted to the Clerk of the Court and not
submitted to the Court with the foreclosure judgment packet.
C. Uniform Judgment of Foreclosure
All proposed final judgments of foreclosure must be in the format
of Form D – Uniform Final Judgment of Foreclosure, which is
Attachment D to this Administrative Order, unless otherwise
specifically approved by the judge entering the final judgment. Any
changes to Form D – Uniform Final Judgment of Foreclosure, which is
Attachment D to this Administrative Order, must be brought to the
attention of the presiding judge at the final judgment hearing or
non-jury trial.
D. Foreclosure Sales
1. Notice of Sale
The Plaintiff is responsible for completing and submitting the
Notice of Sale directly to the appropriate newspaper. Notices must
be prepared and published in accordance with Florida Statutes,
Chapters 45 and 702. Plaintiff’s failure to timely publish notice
may subject the Plaintiff to sanctions.
2. Cancelation of Sale
The sale date set by the judgment can only be canceled and
rescheduled by Court order. Any motion or request to cancel this
sale must be served on all parties in conformity with Florida Rule
of Civil Procedure 1.080(a) and must be set for hearing with proper
notice. Claiming this matter is an “emergency” does not avoid this
requirement. A violation of any party’s due process rights will
subject the movant and/or counsel to sanctions. See Jade Winds v.
Citibank, 63 So. 3d 819 (Fla. 3d DCA 2011). The Court may grant an
ex parte cancellation without hearing, if ALL parties agree.
If a Plaintiff wishes to cancel a sale, a written motion must be
filed with the Court in substantial compliance with Florida Rules
of Civil Procedure Form 1.996(c). The motion also must state the
number of times the Plaintiff has previously requested the
cancelation
3
of a sale and must include an affidavit with supporting gr ounds
for the motion. Because of the advent of online sales, publication
in a newspaper is not as necessary as it once was. Therefore, the
mere failure to publish a notice of sale is not a ground for
canceling the sale, and does not impair the clerk’s authority to
issue a certificate of sale. See HSBC Bank v. Nixon, 117 So. 3d 430
( Fla. 4th DCA 2012). Any proposed order prepared to cancel the
sale must also include a date to reschedule the sale or provide a
blank space for a date to be filled in by the Court or Clerk.
3. Credit Bids
Only the judgment owner will be allowed to credit bid. An
assignment of the judgment filed with the Clerk prior to the sale
will effectively transfer with it the right to credit bid at the
sale. Court approval of the assignment is not required.
4. Certificate of Title
The filing of a Certificate of Sale by the Clerk gives certain
property rights to the highest bidder. In order to assign those
rights and have the Certificate of Title issued to a third party,
the highest bidder must file a written conveyance made in
accordance with section 689.01 or section 692.01, Fla. Stat.,
governing real estate transfers. Such conveyance must be filed with
the Clerk prior to the issuance of the Certificate of Title.
Neither the Court nor the Clerk will change a Certificate of Title
based upon a conveyance filed after the Certificate of Title has
been issued.
E. Bankruptcy
If, prior to the commencement of a foreclosure sale, the Clerk
receives a formal Suggestion of Bankruptcy on behalf of a named
Defendant in that foreclosure case, the Clerk shall remove the
foreclosure sale from the docket without Court order. The Court may
order the sale to proceed based upon evidence that there is a valid
bankruptcy court order lifting the stay or dismissing the
bankruptcy case.
Any interested parties (including the Plaintiff, junior lienholders
or third party purchaser) may seek a bankruptcy court order to s
how there was no valid stay, that the stay was lifted, or to seek
other appropriate relief pursuant to 11 U.S.C section 362.
In the event a foreclosure sale proceeds and is later vacated due
to a bankruptcy stay, when no formal Suggestion of Bankruptcy was
filed in the foreclosure case, the Clerk shall not be required to
refund mandatory court registry or sales fees. See Wilken v. North
County Company, Inc., 670 So. 2d 181 (Fla. 4th DCA 1976) (holding
that a court could determine the party responsible for reimbursing
f orfeited sales and registry fees upon the invalidation of a
foreclosure sale).
F. Clerk of the Circuit Court Responsibilities
1. Retention of Documents
All original mortgages and promissory notes in each mortgage
foreclosure case are required to be surrendered to the Court, and
the Clerk must retain such documents in the
4
court file. The Clerk shall not return any of these instruments to
a party absent specific order of the Court. Any other exhibits in
the court file may not be released by the Clerk until ninety days
after the judgment becomes final.
2. Certificates of Title
After the Clerk issues a Certificate of Sale, the Clerk may during
the ten day objection period following the sale, accept a written
conveyance made by the highest bidder and issue the Certificate of
Title in the name of the grantee provided the conveyance is made in
accordance with section 689.01 or section 692.01, Fla. Stat.,
governing real estate transfers. The Clerk may not issue a
Certificate of Title based upon any other attempt to transfer an
interest by the winning bidder to another entity. The Clerk may not
change a Certificate of Title based upon a conveyance filed after
the Certificate of Title is issued.
III.SCHEDULING AND RELATED MATTERS
A. Residential Mortgage Foreclosure Cases
The Court may set the case for trial on its own motion in
accordance with Rule of Civil Procedure 1.440.
B. Motions Decided on Written Submissions
There is no rule or law in Florida state or federal court that
requires a trial judge to hear oral argument on a pretrial
non-evidentiary motion. See Gaspar, Inc., v. Naples Fed. Sav. &
Loan Ass’n, 546 So. 2d 764 (Fla. 5th DCA 1989). A party is afforded
due process on such matters when given an opportunity to present a
legal memorandum and then the Court may enter an order based upon
submissions without a noticed hearing and oral argument of counsel.
See also Nudel v. Flagstar Bank, 52 So. 3d 692 (Fla. 4th DCA
2010).
Therefore, all parties are hereby noticed that pretrial
non-evidentiary motions may be subject to review and ruling by a
judge based only upon the motion along with written argument and
any authority timely filed in the action. Each party/counsel filing
such a motion shall contemporaneously file with the Clerk and serve
opposing party/counsel any additional legal argument the movant
wants the Court to consider. The opposing party/counsel shall have
ten days after being served to file their argument and legal
memorandum with citations of authority in opposition to the relief
requested. Following expiration the period allowed for these
submissions the Court may at any time rule without further notice
or hearing. Interested parties may notify the Court the matter is
ripe for decision and request a ruling by letter which should
include a simple form order for the judge to indicate whether the
specific motion is either granted or denied, along with copies for
conforming and stamped addressed envelopes for all parties.
Nothing in this section of the Administrative Order requires a
judge to rule without oral argument. Individual judges may prefer
hearings on certain pretrial non-evidentiary motions and counsel
may consult the judges practice preferences on the website
regarding such preferences.
The judicial practice preferences, scheduling information, and
location of hearings may be found on the Court’s website:
www.jud6.org/LegalCommunity/PracticeRequirementsofJudges.html.
Commercial mortgage foreclosure cases are to be scheduled on the
assigned section judge’s calendar. The judicial practice
preferences of each judge, which may contain a judge’s
individualized procedures for mortgage foreclosure cases, may be
found on the Court’s website:
www.jud6.org/LegalCommunity/PracticeRequirementsofJudges.html. IV.
PROCEDURES APPLICABLE TO WRITS OF POSSESSION
The following provisions apply to motions for a writ of possession
arising from the mortgage foreclosure of any residential property.
A. Ex-Parte Writ of Possession – O ccupied by Mortgagor
1. In any residential foreclosure case, the new owner/titleholder
may, without scheduling a hearing, submit an application to the
court for an order directing the clerk to issue a writ of
Possession where the property is occupied by the mortgagor in the
foreclosure case, or by the child, spouse, or parent of the
mortgagor.
2. The titleholder must prepare an application for ex-parte writ of
possession, based upon sworn affidavit that the property is
occupied by the mortgagor in the foreclosure case, or by the child,
spouse, or parent of the mortgagor. This application should be in a
form substantially similar to Form E – Ex-Parte Application and
Order for Writ of Possession – Mortgagor, which is Attachment E to
this Administrative Order.
3. The original of this application, containing the form order,
should be submitted to the assigned judge for review and ruling. If
the judge finds the sworn facts support the request, then the order
will be granted and filed with the Clerk who shall issue the Writ
of Possession, commanding the Sheriff to remove all persons from
the property. A copy of the order will be sent to the applicant
only if an addressed envelope with postage is provided in the
submissions.
B. Writ of Possession – Tenants
1. If the new titleholder does not plan on occupying the premises
as a primary residence, a bona fide tenant may continue to occupy
the unit until the end of the lease term.
2. If the new titleholder will occupy the premises as a primary
residence, the titleholder must file Form F – Notice to Tenant of
Termination, which is Attachment F to this Administrative Order.
This notice must certify that the tenants have been provided notice
as required by the Protecting Tenants at Foreclosure Act.
3. When a writ of possession is filed, the moving party must
contact the judicial assistant for the section judge and set the
motion for hearing on t he uniform motion calendar, or such other
time as may be directed, or the section judge may choose to rule on
the motion without a hearing. If a hearing is set, notice of the
hearing must be provided to all tenants by the moving party. At the
hearing on the motion, the moving party must bring:
a. a copy of the Notice to Tenant of Termination;
ORIGINAL SIGNED ON JANUARY 23, 2019
b. a copy of the Final Judgment of Foreclosure; and
c. a copy of the Certificate of Title.
C. Motions Seeking a Writ of Possession Based on Other Facts
If the new owner/titleholder seeks a writ of possession but does
not use the procedures detailed above, the Court will need to make
an evidentiary determination that the occupant is not entitled to
the protections of the Act, based on the exclusions under section
702, subsection (b) of the Act, or other facts. This requires the
filing of a formal motion and the scheduling of an adversary
hearing with notice to the occupant/tenant. At such hearing both
sides may present evidence upon which the Court can rule. Prior to
filing such a motion, the judicial assistant for judge of the
section number on the case must be contacted to obtain a hearing
time and date. D. Issuance of Writ by Clerk
If a Final Judgment of Foreclosure authorizes the Clerk to issue a
writ of possession without further action of the Court, the Clerk
shall not do so unless the procedures established in this
Administrative Order have been followed and the Court has
specifically authorized the writ.
Administrative Order 2017-007 PA/PI-CIR is hereby rescinded. The
Court may update
the attachments to this Administrative Order without an amendment
to this Administrative Order.
DONE AND ORDERED in Chambers at St. Petersburg, Pinellas County,
Florida, this ______ day of January 2019.
Attachment A: Form A – Plaintiff/Lender’s Contact Information
Attachment B: Form B – Important Notice to Homeowner Attachment C:
Form C – Certificate of Compliance with Foreclosure Procedures
Attachment D: Form D – U niform Final Judgment of Foreclosure
Attachment E: Form E – Ex-Parte Application and Order for Writ of
Possession – M ortgagor Attachment F: Form F – Notice to Tenant of
Termination
cc: All Judges The Honorable Paula S. O’Neil, Clerk of the Circuit
Court, Pasco County The Honorable Ken Burke, Clerk of the Circuit
Court, Pinellas County Gay Inskeep, Trial Courts Administrator Ita
M. Neymotin, Regional Counsel, Second District Ngozi Acholonu,
Assistant Regional Counsel Lillian Simon, Director of
Administrative Services, Pasco County Nichole Alvarez-Sowles, Chief
Operations Officer, Pasco County Clerk’s Office Bar Associations,
Pinellas and Pasco County Law Libraries, Pinellas and Pasco
County
7
IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT IN AND FOR
PASCO/PINELLAS COUNTY, FLORIDA
CIVIL DIVISION
PLAINTIFF/LENDER’S CONTACT INFORMATION The following information is
provided if you wish to speak to a representative of the
Lender
regarding resolution of this matter and the current amount alleged
to be currently owed by y ou on this obligation. Lender’s
Name:
Phone Number:
Fax Number:
Address:
For more information, please contact the lender at the above phone
number and address.
Sixth Circuit Administrative Order 2019-004 – Attachment A
IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT IN AND FOR
PASCO/PINELLAS COUNTY, FLORIDA
CIVIL DIVISION
IMPORTANT NOTICE TO HOMEOWNER
A FORECLOSURE ACTION HAS BEEN FILED AGAINST YOU. YOU HAVE RIGHTS
DURING THIS LAWSUIT AND MAY WANT TO PARTICIPATE IN MEDIATION.
IF YOU DO NOT RESPOND TO THIS LAWSUIT, A FINAL JUDGMENT WILL BE
ENTERED AND YOUR HOME OR PROPERTY WILL BE SOLD AT A FORECLOSURE
SALE.
IF YOU WANT TO TRY AND SAVE YOUR HOME OR PROPERTY, YOU MUST RESPOND
TO THIS LAWSUIT AS DIRECTED IN THE SUMMONS. YOU MAY ALSO WANT TO
PARTICIPATE IN MEDIATION.
MEDIATION
If you want to participate in mediation to try to save your home
you must file a Motion for Foreclosure Mediation. A form Motion for
Foreclosure Mediation is available at www.jud6.org. It is important
for you to file with the Court a response to the lawsuit in a
timely manner as directed in the Summons even if you request
mediation.
Mediation is a meeting at which you and the plaintiff (your lender)
can try to work out an agreement to stop the foreclosure so that
you can stay in your home.
In addition to mediation, one or more of the following options may
be available to you to save your home:
1). Loan Modification: Written agreement that permanently changes
one or more of the original terms of your mortgage to make the
payments more affordable.
2). Reinstatement: Repayment of the total amount that you are
behind in a lump sum payment.
3). Forbearance: Temporary reduction or suspension of your mortgage
payments.
Sixth Circuit Administrative Order 2019-004 – Attachment B Page 1
of 3
4). Repayment Plan: Agreement plan that allows the homeowner to
repay the amount that you are behind gradually while making your
regularly scheduled monthly payments.
5). Short Sale: Lender may allow you to sell the home for less than
the total amount owed on the mortgage. If the lender agrees to the
short sale, the remaining portion of the mortgage that exceeds the
net proceeds from the sale will be written off by the lender.
6). Deed-in-Lieu of Foreclosure: Lender will cancel the mortgage if
the homeowner voluntarily transfers the title of the property to
the lender.
PLEASE REVIEW THE NEXT PAGE, WHICH LISTS RESOURCES ABOUT LEGAL
SERVICES, FINANCIAL COUNSELING, AND OTHER RESOURCES. SOME OF THESE
MAY BE AVAILABLE TO YOU FREE OR AT LOW-COST. ALSO PLEASE REVIEW THE
INFORMATION ABOUT AVOIDING FORECLOSURE RESCUE SCAMS.
INFORMATION ON RESOURCES TO ASSIST YOU IN FORECLOSURE CASES
I. LEGAL RESOURCES You are urged to get a lawyer to protect your
rights and your property. You should find a
lawyer even if you ask for mediation or other services. Contact one
of these Lawyer Referral Services:
Pasco County Florida Bar Lawyer Referral (800) 342-8011
www.floridabar.org N. Pinellas County Clearwater Bar Association
(727) 461-4880 www.clwbar.org S. Pinellas County St. Petersburg Bar
Association (727) 821-5450 www.stpetebar.com
If you cannot afford a lawyer, you may contact your local legal aid
or legal services provider: S. Pinellas County E. Pasco County W.
Pasco County
Bay Area Legal Services (800) 625-2257 www.bals.org
N. Pinellas County S. Pinellas County Gulf Coast Legal Services
(727) 443-0657
(727) 821-0726 www.gulfcoastlegal.org
S. Pinellas County Community Law Program (727) 582-7480
www.lawprogram.org
II. FINANCIAL COUNSELING In addition, you may wish to contact a
Financial Counseling agency.
Catholic Charities Diocese (727) 893-1313 www.ccdosp.org Clearpoint
(800) 750-2227 www.clearpoint.org
Homeowners Hope Hotline (888) 995-4673 www.makinghomeaffordable.gov
www.995hope.org www.hopenow.com
Housing & Education Alliance (813) 932-4663 www.heausa.org
Solita’s House, Inc. (813) 425-4847 www.solitashouse.com
Neighborhood Home Solutions (727) 821-6897 www.nhsfl.org Tampa Bay
Community Development Corporation (727) 442-7075
www.tampabaycdc.org
Community Service Foundation, Inc. (727) 461-0618
www.csfpinellas.com
Sixth Circuit Administrative Order 2019-004 – Attachment B Page 2
of 3
III.OTHER RESOURCES
2-1-1 Tampa Bay Cares, Inc. (727) 888-5211 www.211tampabay.org
Clearwater Neighborhood Housing Services (727) 442-4155
Pinellas County Community Development Dept. (727) 464-8210 (800)
806-5154 www.pinellascounty.org/community
Department of Housing & Urban Develp. (HUD) (800) 225-5342
www.hud.gov
IV. AVOIDING FORECLOSURE RESCUE SCAMS You may be contacted by
individuals or companies that claim they can save your home
from
foreclosure. Please seek legal advice before you sign any documents
or pay money to anyone offering to save your home from foreclosure.
If you think that you have been a victim of a foreclosure scam, you
may call one of the following numbers for assistance:
Florida Department of Financial Services (877) 693-5236
www.myfloridacfo.com Federal Trade Commission (877) 382-4357
www.ftc.gov/bcp/consumer.shtm Office of the Attorney General (866)
966-7226 www.myfloridalegal.com/ Florida Dept. of Agriculture &
Consumer Services (800) 435-7352 http://www.freshfromflorida.com/
Pinellas County Justice & Consumer Services (727) 464-6200
www.pinellascounty.org/consumer/
Sixth Circuit Administrative Order 2019-004 – Attachment B Page 3
of 3
IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT IN AND FOR
PASCO/PINELLAS COUNTY, FLORIDA
CIVIL DIVISION
As counsel for the Plaintiff, I hereby certify the following:
I. Plaintiff Status
_______ (initial) Plaintiff is the original mortgagee and holds
original note and for complaints filed or amended on or after July
1, 2013, plaintiff contemporaneously filed with the complaint a
certification under oath that the plaintiff is in possession of the
original promissory note and: _____ Previously filed or is
simultaneously filing the original note and all allonges with
this
certification, or _____ Will file the original note and all
allonges with the foreclosure judgment packet.
OR _______ (initial) Plaintiff holds the note and rights
there-under through assignment.
_____ Plaintiff filed an affidavit attesting to the same. _____ The
name of the original lender is
__________________________________.
OR _______ (initial) The original note has been lost or
destroyed.
_____ Plaintiff filed an affidavit attesting to the same which
details a clear chain of all endorsements, transfers, or
assignments of the promissory note and which sets forth facts
showing the plaintiff is entitled to enforce a lost, destroyed, or
stolen instrument;
_____ A copy of the lost note is attached to the affidavit,
including a llonges to the note, audit reports showing receipt of
the original note, or other evidence of the acquisition, ownership,
and possession of the note.
_____ Adequate protection as required by section 673.3091(2), and
section 702.11, Florida Statutes, has been provided, which is: ___
a. A written indemnification agreement ___ b. A surety bond ___ c.
A letter of credit issued by a financial institution ___ d. A
deposit of case collateral with the Clerk ___ e. Other:
____________________________________________
II. Mediation Status
_______ (initial) The parties participated in mediation but reached
an impasse. OR _______ (initial) The parties participated in
mediation and reached a partial settlement, but the
Defendant has failed to comply with the terms of the settlement
agreement. OR ________(initial) The parties did not participate in
mediation.
Sixth Circuit Administrative Order 2019-004 – Attachment C Page 1
of 3
III. Defendant Status
The property that is the subject matter of the foreclosure
________ IS ________ IS NOT
a homestead residence. “Homestead” refers to residential property
for which a homestead real estate tax exemption was granted
according to the certified rolls of the last assessment by the
county property appraiser prior to the filing of the suit to
foreclose the mortgage.
Using the following format provide the name of each Defendant, the
date and method of service of process on each Defendant, and the
current status of each Defendant. For cases filed prior to July 1,
2010 indicate whether a Notice to Homeowner was provided at the
time of service of process as required by Administrative Order
2019-004 or subsequent Administrative Order. For cases filed on or
after July 1, 2010 but before July 1, 2015, indicate whether a
Notice from the Court to Homeowner was provided as required by
Administrative Order 2015-015. For cases filed on or after July 1,
2015, indicate whether a Notice to Homeowner, Form B, was provided
to Defendant(s) at the time of service of process.
Name of Defendant Date and method of service (Personal,
Publication, or Substitute).
Status of Defendant (Dropped; Default entered; Represented by
Attorney (name); or filed pro se Answer).
Defendant filed an affirmative defense.
____/_____/_____ _______________ ____/_____/_____ _______________
____/_____/_____ _______________ ____/_____/_____
_______________
Using the following format provide the name of any Defendant who
has not answered or filed a motion to dismiss, and indicate whether
an Affidavit of Non-military Service or a Memorandum of Military
Service was filed with the Clerk and the date of the document
filing. Do not include any Defendant for whom the Clerk of Circuit
Court has entered a default.
Name of Defendant Indicate the type of document, i.e., Affidavit of
Non-military service or Memorandum of Military service.
Date of filing with the Clerk of Circuit Court.
____/_____/____
____/_____/____
____/_____/____
___________________________________________________________________________________
IV. Summary Judgment and Final Judgment
I further certify of the following:
_________ (initial) The Motion for Summary Judgment with copies of
all supporting affidavits was sent to all Defendants/Borrowers on
________________________ (date) by _____________ (e-mail service,
or other stipulated service such as Fed. Ex) and filed with the
Clerk of Circuit Court on ______________________ (date).
_________ (initial) The supporting affidavits include the following
information. (Note: These affidavits and amounts may be in the form
of one document, but provide the amount claimed for each.)
Document Amount sought Affidavit of Indebtedness including copies
of payment records upon which the affiant relies (Also see note
below) Affidavit of Attorney’s Time Expended
Affidavit as to Costs
Affidavit as to Reasonable Attorney’s Fees
Note: If the Plaintiff seeks a prepayment penalty, the Affidavit of
Indebtedness must include reference to the specific clause in the
loan contract that provides for a prepayment penalty in the event
of foreclosure and must specify the amount sought.
_________ (initial) The proposed final judgment is, or at
submission will be, in the form of the Sixth Judicial Circuit’s
Uniform Final Judgment of Foreclosure and complies with section
45.031, Florida Statutes.
_________ (initial) I have reviewed this Certificate of Compliance
with Foreclosure Procedures and supporting documents, and I certify
that the above styled matter is ready for hearing and summary
judgment.
CERTIFICATE OF SERVICE
I certify that a copy hereof has been furnished to
______________________________________
_____________________________________(insert name or names and
addresses used for service) by (e-mail) (delivery) (mail) (fax) on
_______________(date).
I declare that I have read the foregoing Certificate of Compliance
with Foreclosure Procedures and that the facts stated in it are
true.
DATED: ______________________
_____________________________________________ (Attorney Signature)
Attorney Name: Address: Direct telephone number: Fax number: E-mail
address: Florida Bar No.:
Sixth Circuit Administrative Order 2019-004 – Attachment C Page 3
of 3
IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT IN AND FOR
PASCO/PINELLAS COUNTY, FLORIDA
CIVIL DIVISION
UNIFORM FINAL JUDGMENT OF FORECLOSURE
THIS MATTER was heard before the Court on the
______________________ (motion/trial) of Plaintiff,
____________________________________________ (name), on _________
(date). After consideration of all evidence presented, this Court
rules as follows:
IT IS ADJUDGED that:
1. Plaintiff has submitted a Certificate of Compliance with
Foreclosure Procedures in compliance with Administrative Order
2019-004 or any subsequent Administrative Order.
2. VALUE OF CLAIM: At the initiation of this action, in accordance
with section 28.241(1)(a)2.b., Florida Statutes, Plaintiff
estimated the amount in controversy of the claim to be
$__________________. In accordance with section 28.241(1)(a)2.c.,
Florida Statutes, the Court identifies the actual value of the
claim to be $___________________, as set forth below. For any
difference between the estimated amount in controversy and the
actual value of the claim that requires the filing fee to be
adjusted, the Clerk shall adjust the filing fee. In determining
whether the filing fee needs to be adjusted, the following
graduated filing fee scale in section 28.241(1)(a)2.d., Florida
Statutes, controls:
$400 Value of claim less than or equal to $50,000 with 5 defendants
or less $905 Value of claim greater than $50,000 but less than
$250,000 with 5
defendants or less $1,905 Value of claim $250,000 or greater with 5
defendants or less
If an excess filing fee was paid, the Clerk shall provide a refund
of the excess fee. If an additional filing fee is owed, the
Plaintiff shall pay the additional fee at least 24 hours prior to
the judicial sale. If any additional filing fee owed is not paid
prior to the judicial sale, the Clerk shall cancel the judicial
sale without further order of the Court.
$ $ $ $ $ $ $ $ $ $ $ $
$ $
$
$ $ $ $
$
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
3. The following amounts are due and owed to the Plaintiff:
Principal due on the note secured by the mortgage foreclosed:
Interest on the note and mortgage from _______to ________ Per diem
interest at ___% from _______ to _________ Late charges Escrow
advances Title search expenses Taxes for the year(s) of _________
Insurance premiums Court costs: Filing fee Service of process $
________ per defendant Publication for
_______________________
SUBTOTAL Additional costs
SUBTOTAL
Attorney’s fees based upon ____ hours at $ ______ per hour Less:
Undisbursed escrow funds Less: Unearned insurance premiums Less:
Miscellaneous deductions or credits
TOTAL SUM
4. The total sum in paragraph 3 will bear interest at the
prevailing statutory interest rate of ____ percent per year from
this date through December 31 of this current year. Thereafter, on
January 1 of each succeeding year until the judgment is paid, the
interest rate will adjust annually in accordance with section
55.03(3), Florida Statutes.
5. Plaintiff, whose address is
___________________________________________, holds a lien for the
total sum specified in paragraph 3 herein. The lien of the
Plaintiff is superior in dignity to all rights, titles, interests,
or claims of the Defendant(s) and all persons, corporations, or
other entities claiming by, through, or under the Defendant(s), or
any of them and the property will be sold free and clear of all
claims of the Defendant(s), with the exception of any assessments
that are superior pursuant to sections 718.116 and 720.3085,
Florida Statutes, or
(describe other surviving lien). The Plaintiff lien encumbers the
subject property located in Pasco County/Pinellas County, Florida,
and described as: ____________________________________
______________________________________________________________(legal
description). Property
Address:_______________________________________________________________
_____________________________________________________________________________.
Sixth Circuit Administrative Order 2019-004 – Attachment D Page 2
of 6
6. If the total sum with interest at the rate described in
paragraph 4 and all costs accrued subsequent to this judgment are
not paid, the Clerk of Circuit Court shall sell the subject
property at public sale on
_____________________________________(date) to the highest bidder
for cash, except as prescribed in Paragraph 7, in the following
location (mark applicable location):
In an online sale at www.pinellas.realforeclose.com, beginning at
10 a.m. on the prescribed date (mark this box for all sales in
Pinellas County)
In an online sale at www.pasco.realforeclose.com, beginning at 11
a.m. on the prescribed date (mark this box for all sales in Pasco
County)
after having first given notice as required by section 45.031,
Florida Statutes. Plaintiff must arrange for publication of notice
of sale in accordance with chapters 45 and 702, Florida Statutes.
The Plaintiff must file the original Notice of Sale and Affidavit
of Proof of Publication with the Clerk no later than 24 hours prior
to the sale.
The sale date set by the judgment can only be canceled and
rescheduled by court order. Any motion or request to cancel this
sale must be served on all parties in conformity with Florida Rule
of Civil Procedure 1.080(a) and must be set for hearing w ith
proper notice. Claiming this matter is an “emergency” does not
avoid this requirement. A violation of any party’s due process
rights will subject the movant and/or counsel to sanctions. See
Jade Winds v. Citibank, 63 So. 3d 819 (Fla. 3d DCA 2011).
If a Plaintiff wishes to cancel a sale, a written motion must be
filed with the Court in substantial compliance with Florida Rules
of Civil Procedure Form 1.996(c). The motion also must state the
number of times the Plaintiff has previously requested the
cancelation of a sale and must include an affidavit with supporting
grounds for the motion. Any proposed order prepared to cancel the
sale must also include a date to reschedule the sale. 7. Plaintiff
shall advance all subsequent required costs of this action. Except
for the fee to the Clerk as provided in section 45.035, Florida
Statutes, and publishing costs supported by an affidavit,
reimbursement or credit for such costs shall be by court order
based upon a written motion and adjudication at a hearing with
notice. If a third party bidder is the purchaser, the third party
bidder must pay the documentary stamps attached to the certificate
of title in addition to the bid. 8. If the Plaintiff incurs
additional expenses subsequent to the entry of this final judgment
but prior to the sale date specified in paragraph 6, Plaintiff may,
by written motion served on all parties and adjudication at a
hearing with notice, seek to amend this final judgment to include
said additional expenses. 9. Only the judgment owner will be
allowed to credit bid. An assignment of the final judgment of
foreclosure filed with the Clerk of the Circuit Court prior to the
public sale will effectively transfer with it the right to credit
bid at the sale. Court approval of the assignment of the final
judgment is not required.
The filing of a Certificate of Sale by the Clerk gives certain
property rights to the highest bidder. In order to assign those
rights and have the Certificate of Title issued to a third party,
the
Sixth Circuit Administrative Order 2019-004 – Attachment D Page 3
of 6
highest bidder must file a written conveyance made in accordance
with section 689.01 or section 692.01, Florida Statutes, governing
real estate transfers. Such conveyance must be filed with the Clerk
prior to the issuance of the Certificate of Title. Neither the
Court nor the Clerk will change a Certificate of Title based upon a
conveyance filed after the Certificate of Title has been
issued.
10. On the filing of the Certificate of Title, the Clerk shall
distribute the proceeds of the sale, so far as they are sufficient,
by paying: first, all of the Plaintiff’s costs; second, documentary
stamps affixed to the Certificate, unless the property is purchased
by a third party bidder; third, Plaintiff’s attorneys’ fees;
fourth, the total sum due to the Plaintiff, less the items paid,
plus interest at the rate prescribed in paragraph 4 from this date
to the date of the sale; and by retaining any remaining amount
pending further Order of this Court.
11. On filing of the Certificate of Sale, Defendant(s) and all
persons claiming under or against Defendant(s) since the filing of
the Notice of Lis Pendens shall be foreclosed of all estate or
claim in the property except as to claims or rights under chapter
718 or chapter 720, Florida Statutes, if any. On filing of the
Certificate of Sale, Defendant’s right of redemption as provided by
section 45.0315, Florida Statutes shall be terminated.
12. The Court finds, based upon the affidavits presented and upon
inquiry of counsel for the Plaintiff, that _________ hours were
reasonably expended by Plaintiff’s counsel and that and hourly rate
of $________ is appropriate. PLAINTIFF’S COUNSEL CERTIFIES THAT THE
ATTORNEY FEE AWARDED DOES NOT EXCEED ITS CONTRACT FEE WITH
PLAINTIFF. The Court finds that there are no reduction or
enhancement factors for consideration by the Court pursuant to
Florida Patient’s Compensation v. Rowe, 427 So. 2d 1145 (Fla.
1985).
OR
The Court finds, based upon the affidavits presented and upon
inquiry of counsel for the Plaintiff, that the flat fee of
$_________ is reasonable and appropriate for the Plaintiff's
counsel’s attorney’s fees. The Court finds that there are no
reasons for either reduction or enhancement pursuant to Florida
Patient's Compensation Funds v. Rowe, 472 So. 2d 1145 (Fla. 1985),
and the Court therefore has awarded reasonable attorney's fees in
the amount indicated in paragraph 3 of this Judgment.
13. IMPORTANT INFORMATION PROVIDED pursuant to section 45.031,
Florida Statutes:
IF THIS PROPERTY IS SOLD AT PUBLIC AUCTION, THERE MAY BE ADDITIONAL
MONEY FROM THE SALE AFTER PAYMENT OF PERSONS WHO ARE ENTITLED TO BE
PAID FROM THE SALE PROCEEDS PURSUANT TO THIS FINAL JUDGMENT.
IF YOU ARE A SUBORDINATE LIEN HOLDER CLAIMING A RIGHT TO FUNDS
REMAINING AFTER THE SALE, YOU MUST FILE A CLAIM WITH THE CLERK NO
LATER THAN 60 DAYS AFTER THE SALE. IF YOU FAIL TO FILE A CLAIM, YOU
WILL NOT BE ENTITLED TO ANY REMAINING FUNDS.
If the property has qualified for the homestead tax exemption in
the most recent approved tax roll, also include the following three
paragraphs:
Sixth Circuit Administrative Order 2019-004 – Attachment D Page 4
of 6
IF YOU ARE THE PROPERTY OWNER, YOU MAY CLAIM THESE FUNDS YOURSELF.
YOU ARE NOT REQUIRED TO HAVE A LAWYER OR ANY OTHER REPRESENTATION
AND YOU DO NOT HAVE TO ASSIGN YOUR RIGHTS TO ANYONE ELSE IN ORDER
FOR YOU TO CLAIM ANY MONEY TO WHICH YOU ARE ENTITLED. PLEASE CHECK
WITH EITHER THE PINELLAS CLERK OF CIRCUIT COURT AT 315 COURT
STREET, CLEARWATER, FL 33756, (727) 464-7000, OR THE PASCO CLERK OF
CIRCUIT COURT AT 38053 LIVE OAK AVENUE, DADE CITY, FL 33523, (352)
521-4517 OR 7530 LITTLE ROAD, NEW PORT RICHEY, FL 34654, (727)
847-8176 WITHIN TEN (10) DAYS AFTER THE SALE TO SEE IF THERE IS
ADDITIONAL MONEY FROM THE FORECLOSURE SALE THAT THE CLERK HAS IN
THE REGISTRY OF THE COURT.
IF YOU DECIDE TO SELL YOUR HOME OR HIRE SOMEONE TO HELP YOU CLAIM
THE ADDITIONAL MONEY, YOU SHOULD READ VERY CAREFULLY ALL PAPERS YOU
ARE REQUIRED TO SIGN, ASK SOMEONE ELSE, PREFERABLY AN ATTORNEY WHO
IS NOT RELATED TO THE PERSON OFFERING TO HELP YOU, TO MAKE SURE
THAT YOU UNDERSTAND WHAT YOU ARE SIGNING AND THAT YOU ARE NOT
TRANSFERRING YOUR PROPERTY OR THE EQUITY IN YOUR PROPERTY WITHOUT
THE PROPER INFORMATION.
IF YOU CANNOT AFFORD TO PAY AN ATTORNEY, YOU MAY CONTACT A LEGAL
SERVICES OFFICE, SUCH AS: GULFCOAST LEGAL SERVICES, INC., 314 S.
MISSOURI AVENUE, SUITE 109, CLEARWATER, FL 33756, (727) 443-0657 /
COMMUNITY LAW PROGRAM, 501 FIRST AVENUE N., ROOM 519, ST.
PETERSBURG, FL 33701, (727) 582-7480 / BAY AREA LEGAL SERVICE,
INC., 4948 CENTRAL AVENUE, ST. PETERSBURG, FL 33707, (800) 625-2257
/ BAY AREA LEGAL SERVICE, INC., 37718 MERIDIAN AVENUE, DADE CITY,
FL 33532, (800) 625-2257 / BAY AREA LEGAL SERVICE, INC., 8406
MASSACHUSETTS AVENUE, SUITE B-2, NEW PORT RICHEY, FL 34653, (800)
625-2257, TO SEE IF YOU QUALIFY FINANCIALLY FOR THEIR SERVICES. IF
THEY CANNOT ASSIST YOU, THEY MAY BE ABLE TO REFER YOU TO A LOCAL
BAR REFERRAL AGENCY OR SUGGEST ANOTHER OPTION. IF YOU CHOOSE TO
CONTACT ONE OF THESE SERVICES FOR ASSISTANCE, YOU SHOULD DO SO AS
SOON AS POSSIBLE AFTER RECEIPT OF THIS NOTICE.
14. Upon issuance of the Certificate of Title, the new
owner/titleholder may submit a writ of possession by using
procedures and forms found in Administrative Order 2019-004 or any
subsequent order.
15. If the Final Judgment of Foreclosure authorizes the Clerk to
issue a writ of possession without further action of the Court, the
Clerk shall not do so unless the procedures established by
Administrative Order and the Act have been followed and the Court
specifically authorized the writ.
16. The Court retains jurisdiction of this action to enter further
Orders that are proper, including without limitation, Orders
authorizing writs of possession and an award of attorney’s fees,
and to enter a deficiency judgment if the Defendant has not been
discharged in bankruptcy.
(ANY ADDITIONAL PROVISIONS OR MODIFICATIONS TO THIS FINAL JUDGMENT
SHOULD BE SET FORTH IN BOLD TYPE AND CONSECUTIVELY NUMBERED
PARAGRAPHS).
________________________________________
17. (Optional) The Mortgage Note is hereby re-established pursuant
to section 673.3091, Florida Statutes.
DONE AND ORDERED in New Port Richey/Dade City, Pasco County / St.
Petersburg/Clearwater, Pinellas County, Florida, on this ______day
of _________________ 20__.
CIRCUIT JUDGE
Copies furnished to:
Sixth Circuit Administrative Order 2019-004 – Attachment D Page 6
of 6
IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT IN AND FOR
PASCO/PINELLAS COUNTY, FLORIDA
CIVIL DIVISION
________________________________________
________________________________________
___________________________________
________________________
EX-PARTE APPLICATION AND ORDER FOR WRIT OF POSSESSION - MORTGAGOR
The undersigned submits this application based upon the Protecting
Tenants at Foreclosure Act of 2009 (“the Act”), asking the Court to
execute an order for Writ of Possession for property at the
following address:
______________________________________________________________
_____________________________________________________________________________.
I state that the occupant(s) of the premises is/are the
Mortgagor(s) in this foreclosure or is/are the child, spouse, or
parent of said mortgagor(s). I understand that I am swearing or
affirming under oath to the truthfulness of the facts stated above
and that the punishment for knowingly making a false statement
includes fines and/or imprisonment.
(signature of Titleholder or Titleholder’s Attorney)
STATE OF FLORIDA COUNTY OF __________________
Sworn to or affirmed and signed before me by physical presence or
online notarization this ______ day of _________________ 20____, by
______________________________________ who is personally known or
identified by ID: ___________________________________ ID number
________________________________.
NOTARY PUBLIC [Print, type or stamp name of notary]
ORDER ON APPLICATION FOR WRIT
After review of the application and attached notice, the
undersigned judge finds: [___] The application is in full
compliance with the statute and must be GRANTED.
It is therefore ORDERED that the clerk shall issue the Writ of
Possession forthwith. (or)
[___] The application is denied, without prejudice.
Done in chambers this ____day of ______________, 20___.
Circuit Court Judge
______________________________________________
______________________________________________
_______________________________________________________________________
________________________________________________________________________
TO ALL PERSONS RENTING OR OCCUPYING THE RESIDENTIAL PREMISES
LOCATED AT:
(property address used in the judgment or title certificate)
The above described property has been sold at a court ordered
foreclosure auction in the Sixth Circuit Case Number:
___________________________________________________. The clerk has
issued Certificate of Title to the purchaser who now legally owns
the property. In conformity with the Act, the purchaser named in
the title may, if the purchaser will occupy the unit as a primary
residence, deliver a 90-day notice of termination to any persons
occupying the property and demand possession. This document is that
formal notice and demand made by the new owner/titleholder of the
property.
(the name of the new owner/titleholder - as it appears on the title
to this property)
(the mailing address of the new owner/titleholder - where the rent
must be delivered)
NOTICE TO TENANT OF TERMINATION
YOU ARE HEREBY NOTIFIED THAT ANY RENTAL AGREEMENT YOU MIGHT CLAIM
TO HAVE REGARDING THIS PROPERTY IS TERMINATED ON THE DATE OF
DELIVERY OF THIS NOTICE, THAT YOUR OCCUPANCY IS TERMINATED 90 DAYS
FOLLOWING THE DATE OF DELIVERY OF THIS NOTICE, AND THAT BY THIS
NOTICE THE NEW OWNER/TITLEHOLDER NOW DEMANDS POSSESSION OF THE
PREMISES ON THE _______DAY OF _____________________, 20_____. IF
YOU DO NOT VACATE THE PREMISES BY THAT DATE THE NEW
OWNER/TITLEHOLDER WILL ASK THE COURT FOR AN ORDER TO HAVE THE
SHERIFF REMOVE YOU AND YOUR BELONGINGS FROM THE PREMISES. YOU ARE
OBLIGATED TO PAY RENT DURING THAT NINETY DAY PERIOD FOR ANY AMOUNT
THAT MIGHT ACCRUE DURING THAT PERIOD. YOUR RENT MUST BE DELIVERED
TO THE NEW OWNER AT THE MAILING ADDRESS LISTED ABOVE.
Delivered on ______________________ by
_________________________________________ (date) (signature of
Titleholder or Titleholder’s Attorney)
[Titleholder must retain a true copy of this Notice for submission
with an Application for Writ]
Sixth Circuit Administrative Order 2019-004 – Attachment F
2019-004 1.24.19
IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT